Willett v Winnell
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1687 |
| Date | 01 January 1687 |
| Court | High Court of Chancery |
English Reports Citation: 23 E.R. 611
IN COURT, LORD CHANCELLOR.
[488] Case 474.-WlLLETT versus WlNNELL. Eodem die. In Court, Lord Chancellor, [1] Eq. Ca. Ab. 313, pi. 14, S. C. The plaintiff was the youngest son of his father, who was seised, according to the custom of the manor of Wolverly, of a copyhold tenement of the nature of Borough English of the value of £15 per annum ò and in April 1671 the plaintiff's father having borrowed £200 of the defendant's father, for securing the same made a conditional surrender into the hands of two customary tenants of the manor, to be void on payment of the £200 and interest in April 1672: and at the same time the defendant's father entered into a bond, conditioned that if the £200 and interest should not be paid at the day, then if the defendant's father should pay to the plaintiff's father, his executors, administrators or assigns, the further sum of £78 in full for the purchase of the premises within ten days afterwards, that the bond should be void, or otherwise stand in full force. The plaintiff's father died in November 1671, before the mortgage was forfeited, leaving the plaintiff an infant of two years old; and the £200 with interest not being paid at the day, the defendant pays the £78 the next day after the mortgage was forfeited, to the administrator of the plaintiff's father, according to the condition of the bond. The plaintiff's bill was to redeem, on repayment of the £200 with interest, discounting the profits. The...
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